Legal Question in Civil Litigation in California

What is the difference between a minute order and an actual order that is submitted to the court and signed by the judge?


Asked on 5/20/11, 7:42 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

There may be no difference between a minute order and a signed order. The issue is whether the order is appealable. An order is an order. It is signed if the court orders the preparation of a signed order, but the affect is the same in many instances. If the court orders the preparation of an order for its signature, it is only final when he signs it. Otherwise if the order is appealable it is final and appealable when it is entered in the minutes.

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Answered on 5/21/11, 1:14 am
Anthony Roach Law Office of Anthony A. Roach

All courts have clerks that keep minutes. The minutes are kept for hearings that the judge presides over, whether that is a motion, and order to show cause, a demurrer, a case management conference, or even a trial. When the judge makes an order, that order is always in the minutes. (Sometimes, rarely, the clerk will not get all of the judge's ruling or order into the minutes, in that case, court rules state that the reporter's transcript then takes precedence.)

If the court gives an order, and that order is in the minutes, and no formal order was requested by the trial court to be prepared, then that order is the order. Sometimes, however, the trial court orders a party to prepare an order, and submit that to the court for the judge's signature. In that case, no appeal or contempt proceedings can be based on the minute order, because a formal signed order is to be prepared. The law also requires certain orders to be in writing and signed by the judge. For example, Code of Civil Procedure section 581d requires dismissals ordered by the court to be in writing, signed by the cout, and filed in the action. Some judges meet this requirement by having the clerk prepare the minutes, and then signing at the bottom.

You may want to speak to an attorney for more specifics, because I have the feeling that there is more to your question than what you have posted.

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Answered on 5/21/11, 3:02 pm


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